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Posted by Cranky Tenant on December 13, 2001 at 10:49:48:

In Reply to: 3 day notice! posted by snorkel on December 13, 2001 at 10:36:59:

LL's notice really only means he may serve notice for non payment. If he follows through, you'll be served with a notice to respond. Once you finally get to court it'll be his responsibility to dispute the DHCR papers. In the meantime, hold on to the extra rent money just in case he can prove he's entitled to it, and read the tenant.net section on what happens when you go to housing court.

: I just received a three day notice of default in rent. The letter from the LL states that if I don't pay up in 3 days he will commence summary proceedings to recover possession.

: This is an on going overcharge complaint. I have asked in writing for months now that he just prove why the apt went up %300 from the last tenant (receipts, etc). He has given me nothing. I finally had enough of being ripped off and began to pay him what I calculated to be the actual rent plus a little more out of good faith (I told him this in writing several times).

: The question: Is there anything I can do for now (besides pay up) or do I just wait for him to take me to court for non-payment and then counter sue?

: This whole process in making me very nervous.

: I live in a RS apt in Manhattan.
: I have rental registration and DHCR rental history which are both in my favor. All letters have been certified, RR.
: I have filed overcharge with DHCR.

: What now?

: Thanks all.

• Housing Court Information

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Comments:
: LL's notice really only means he may serve notice for non payment. If he follows through, you'll be served with a notice to respond. Once you finally get to court it'll be his responsibility to dispute the DHCR papers. In the meantime, hold on to the extra rent money just in case he can prove he's entitled to it, and read the tenant.net section on what happens when you go to housing court.


: : I just received a three day notice of default in rent. The letter from the LL states that if I don't pay up in 3 days he will commence summary proceedings to recover possession.

: : This is an on going overcharge complaint. I have asked in writing for months now that he just prove why the apt went up %300 from the last tenant (receipts, etc). He has given me nothing. I finally had enough of being ripped off and began to pay him what I calculated to be the actual rent plus a little more out of good faith (I told him this in writing several times).

: : The question: Is there anything I can do for now (besides pay up) or do I just wait for him to take me to court for non-payment and then counter sue?

: : This whole process in making me very nervous.

: : I live in a RS apt in Manhattan.
: : I have rental registration and DHCR rental history which are both in my favor. All letters have been certified, RR.
: : I have filed overcharge with DHCR.

: : What now?

: : Thanks all.


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